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Measure to create felony DUI in Colorado rejected by Senate Democrats

Democrats in a state Senate committee on Tuesday quashed a bipartisan proposal to make repeat DUI offenses a felony in Colorado — a move that angered some lawmakers and victim-rights advocates.

Under the proposal, sponsored by Sens. Steve King, R-Grand Junction, and Mike Johnston, D-Denver, anyone who gets a third DUI in a seven-year span or is charged with a fourth DUI would be charged with a class 4 felony. That charge carries a sentence of up to six years in prison.

Efforts in prior years to impose stiffer penalties have failed. Interest in the debate this year was heightened by the case of Ever Olivos-Gutierrez, a repeat DUI offender caught in Aurora trying to drive away from an accident that killed a 17-year-old boy. The driver's blood-alcohol level was about four times the legal limit.

This year's DUI felony measure had no fiscal impact, but in 2015 — when it was to take effect — the fiscal note was projected at about $1.6 million. In past years, opponents of the measure claimed the price tag was too high. A boost in state revenue this year made its supporters much more optimistic that it would pass.

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"For two fundamental reasons, I cast a 'no' vote," said Sen. Mary Hodge, D-Brighton, chairwoman of the Senate Appropriations Committee. "First, I think more emphasis needs to be put on addressing the disease of alcoholism and not us locking people up. Second, the bill was changed to take effect next year. Because of that, I think next year's appropriations committee should address it."

Her comments were echoed by Sen. Pat Steadman, D-Denver, who voted in opposition to the bill.

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King and Johnston on Tuesday stressed that this is an important public-safety issue.

"I can't see any reason for us to not stand up for basic public safety here," Johnston said. "Right now, we keep a law on the books that says if you have eight or nine DUIs, you can still walk after a short stint in jail. I'm not sure most Coloradans think this is a reasonable solution for a continuous problem."

Colorado is one of just four states that does not impose felony penalties for drunken driving.

Rep. Mark Waller, R-Colorado Springs, the bill's House sponsor, sent out a barrage of tweets Tuesday voicing his frustration.

"Sen. Jessie Ulibarri, D-Westminster, kills felony DUI bill in CMTE. Owes explanation to families of 131 victims who lost lives in DUI accidents," tweeted Waller, noting the people killed in Colorado in 2013 as a result of drunken-driving accidents, according to Mothers Against Drunk Driving.

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